Semirog & Vasilyev, LLP

July 2009 Visa Bulletin Released

svalegal — Wed, 10 Jun 2009 15:03:38 +0000

The U.S. State Department has released its July 2009 Visa Bulletin. The Bulletin is a forecast which predicts availability of green cards during the month of July. The most significant change from last month is the retrogression of the EB-2 category (Professionals Holding Advanced Degrees & Persons of Exceptional Ability) for China, which changed from Feb. 15, 2005 to Jan. 1, 2000.

Here is the summary of the cut-off dates:

EB-1: Current for All Countries;

EB-2: China & India Jan. 1, 2000; all other countries are current;

EB-3: Unavailable across the board.

The significance of the cut-off dates published in the State Department Bulletin is in that a foreign national is eligible to apply for adjustment of status or immigrant visa (if processing overseas) if his or her priority date is earlier than the cut-off date in the category he or she is applying. To view the July 2009 Bulletin, please click here.

More Biometric Information May Be Required of Foreign Nationals Visiting U.S.

svalegal — Fri, 02 May 2008 16:06:04 +0000

The U.S. Department of Homeland Security (DHS) has proposed to establish an exit program at all air and sea ports of departure in the United States. This proposed rule would require foreign nationals who submit biometric information upon entering the U.S. to also provide biometric information to commercial air and vessel carriers before departing from the United States at air and sea ports of entry.

Under the proposed rule, the biometric information will be collected by the air and sea carriers transmitted to DHS no later than 24 hours after air carrier staff secure the aircraft doors on an international departure, or for sea travel, no later than 24 hours after the vessel’s departure from a U.S. port. DHS does not propose to apply these requirements to persons departing the United States on certain private carriers or small carriers.

The DHS is seeking comments on the proposed rule. Full text can be accessed at http://edocket.access.gpo.gov/2008/pdf/E8-8956.pdf.

Revised Medical Examination Form Required as of May 1, 2008

svalegal — Tue, 29 Apr 2008 15:53:13 +0000

U.S. Citizenship and Immigration Services (USCIS) announced on April 29, 2008 that it
has revised Form I-693, Report of Medical Examination and Vaccination Record. The revision
was necessitated by changes to the Tuberculosis (TB) Component of the Centers for Disease
Control and Prevention’s Technical Instructions for Civil Surgeons.

The revised form (edition date 04/02/08) must be used for any medical examination completed
on or after May 1, 2008. Previous editions of the Form I-693 may not be used on or after that
date.

The medical examination Form I-693 provides USCIS results of a medical examination for
applicants filing for adjustment of status to become permanent residents. The examination is
required to ensure that an applicant is not inadmissible to the United States on public health
grounds.

Additionally, the current vaccination supplement will not be accepted for any vaccination
assessment completed on or after May 1, 2008. An updated vaccination supplement has been
included in part 2 of the revised form.

OPT Extended to 29 Months for “STEM” Students

svalegal — Wed, 09 Apr 2008 15:58:54 +0000

The United States Citizenship and Immigration Service (USCIS) issued an interim final rule which extends the maximum period of Optional Practical Training (OPT) from 12 to 29 months for students enrolled on a full-time basis for at least one full academic year in a college or a university certified by U.S. Immigration and Custom Enforcement’s (ICE’s) Student and Exchange Visitor Program (SEVP) and who have completed a science, technology, engineering or mathematics (STEM) degree and accept employment with employers enrolled in U.S. Citizenship and Immigration Services’ (USCIS’) E-Verify employment verification program.

The interim rule requires F-1 students with an approved OPT extension to report changes in the student’s name or address and changes in the employer’s name or address as well as periodically verify the accuracy of this reporting information. The rule also requires the employers of F-1 students with an extension of post-completion OPT authorization to report to the student’s designated school official (DSO) within 48 hours after the OPT student has been terminated from, or otherwise leaves, his or her employment with that employer prior to end of the authorized period of OPT.

This rule also ameliorates the so-called “cap-gap” problem by extending the authorized period of stay for all F-1 students who have a properly filed H-1B petition and change of status request (filed under the cap for the next fiscal year) pending with USCIS. If USCIS approves the H-1B petition, the students will have an extension that enables them to remain in the United States.